(2011) JELR 40266 (CA)    

Court of Appeal  ·  CA/B/93/2002 ·  13 Jul 2011 ·  Nigeria
AMIRU SANUSI Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Core Terms Beta
arbitration act
learned trial judge
lower court
statement of claim
tenancy agreement
arbitration clause
conditional appearance
first statement of substance
grounds of appeal
memorandum of conditional appearance
notice of preliminary objection
stay of proceedings
alternative defendant ought
applicant ought
brother nwosu-iheme
chioma egondu nwosu-iheme
counsel mr. ezaga
cute respondent
facts of this appeal
favour of substantial justice
final result
hon. justice amiru sanusi
hon. trial judge
judicial proceedings
leading judgment
oladeinde shoremi j.c.a.
order of stay of proceedings
original jurisdiction
present appeal
purported breach of the tenancy agreement
second issue
summary of the arguments of the appellant
tenant of the respondent
trial judge
virtue of the said arbitration agreement
way of a preliminary objection

CHIOMA EGONDU NWOSU-IHEME (Ph. D). J.C.A (Delivering the leading Judgment): The facts of this appeal are short and straightforward. The Appellant was a tenant of the Respondent in the latter's premises situate at Ugo in Orhionmwon Local Government Area of Edo State. The tenancy agreement provided in its paragraph 9 an arbitration clause. Following certain disagreement between the parties, the cute Respondent commenced proceedings at the Abudu Judicial Division of Edo State High Court and filed his Statement of Claim. Upon service of the Writ of Summons and the Statement of Claim on it, the Appellant entered a conditional appearance and thereafter brought an application for stay of proceedings pending arbitration. The Respondent filed a counter-affidavit.

The application for stay came before Edokpayi J (as he then was) who, after hearing arguments thereon struck out the application in his ruling. The present appeal which is founded on four Grounds of Appeal is against that ruling. The …

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